2.1 An exporter shall furnish bond in Form B-1 and obtain
certificate in Form CT-1. A manufacturer-exporter may furnish annual Letter
of Undertaking (no CT-1 is required in this case). The export shall be
subject to the following conditions"

The goods shall be exported within six months from the date on which
these were cleared for export from the factory of the production or the
manufacture or warehouse or other approved premises within such extended
period as the Deputy/Assistant Commissioner of Central Excise or
Maritime Commissioner may in any particular case allow;

When the export is from a place other than registered factory or
warehouse, the excisable goods are in original packed condition and
identifiable as to their origin;

The exports of mineral oil products falling under Chapter 27 of the
First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) as
stores for consumption on board of an aircraft on foreign run shall be
subject to conditions and limitations, to be applied mutatis mutandis,
as notified in the Notification No.40/2001-Central Excise (N.T.) dated
26th June, 2001 issued under rule 18 of the said Rules.

3.1 ARE.1 is the export document for export clearance
(Annexure-14), which shall be prepared in quintuplicate (5 copies). This is
similar to the erstwhile AR.4. This document shall bear running serial
number beginning from the first day of the financial year. During this year,
for the sake of continuity, the serial number, as started from 1.4.2001, may
continue. The stationary for AR.4 Form may be used with modified name
"ARE.1" during this financial year. On A.R.E.1, certain declarations are
required to be given by the exporter. These should be signed by the exporter
or his authorised agent. The different copies of ARE.1 forms should be of
different colours indicated below:
Original White
Duplicate Buff
Triplicate Pink
Quadruplicate Green
Quintuplicate Blue

3.2 It will be sufficient if the copies of ARE.1 contain a color band on the
top or right hand corner in accordance with above color scheme.

3.2 An invoice shall also be prepared in terms of rule 11 of the said Rules.
It should be prominently mentioned on top "FOR EXPORT WITHOUT PAYMENT OF
DUTY".

3.3 The Letter of Undertaking is to be furnished in the Form UT-1 specified
in Annexure-15 to Notification No. 42/2001-Central Excise (N.T.), supra. Any
manufacturer, who is an assessee for the purposes of the Central Excise
(No.2) Rules, 2001, shall furnish a Letter of Undertaking only to the
Deputy/Assistant Commissioner of Central Excise having jurisdiction over his
factory from which he intends to export. The Letter of Undertaking should
not be furnished to the Maritime Commissioner or any other officer
authorised by the Board. A ‘Letter of Undertaking’ shall be valid for twelve
calendar months provided the exporter complies with the conditions of the
Letter of Undertaking, especially the procedure for ‘acceptance of proof of
export’ under this instruction. In case of persistent defaults or
non-compliance causing threat to revenue, the manufacturer-exporter may be
asked to furnish bond with security/surety. For the sake of clarification,
it is mentioned that this Letter of Undertaking should not be taken for each
consignment of export.

3.4 The obligation of the manufacturer flows from statutory requirement of
exporting the goods within six months or such extended period as the
Deputy/Assistant Commissioner of Central Excise may allow. Failing this, the
exporter is required to deposit the requisite sum (duty and interest) suo
moto, considering that the manufacturer has to do ‘self-assessment’. Any
non-payment within 15 days of expiry of the stipulated time period, shall be
treated as arrears of revenue and the Department will proceed to recover the
same as ‘sum due to Government’. Suo moto payment within 15 days of expiry
of the stipulated time period will not be treated as ‘default’.

3.5 On repeated failure of the manufacturer-exporter to comply with the
conditions of the Letter of Undertaking or the procedure for ‘acceptance of
proof of export’ under this instruction, the Deputy/Assistant Commissioner
of Central Excise may direct him in writing that the letter of undertaking
is not valid and he should furnish B-1 Bond with sufficient security/surety.

3.6 The Letter of Undertaking shall not be discharged unless the goods are
duly exported, to the satisfaction of the Assistant Commissioner of Central
Excise or the Deputy Commissioner of Central Excise within the time allowed
for such export or are otherwise accounted for to the satisfaction of such
officer, or until the full duty due upon any deficiency of goods, not
accounted so, and interest, if any, has been paid.

3.7 Though any exporter (Manufacturer-exporter or merchant-exporter) can
furnish bond, the merchant-exporters are necessarily required to furnish
bond in the B-1 Form specified in Annexure-16 of notification no.
42/2001-Central Excise (N.T.), supra with such security or surety as may be
specified by the concerned bond accepting authority. The bond shall be in a
sum equal at least to the duty chargeable on the goods for the due arrival
of export goods at the place of export and their export therefrom under
Customs or as the case may be postal supervision. The officer who will
accept the bond, will also be responsible for discharging that bond upon
furnishing proof of export by the exporter.

3.8 The bond shall not be discharged unless the goods are duly exported, to
the satisfaction of the Deputy/Assistant Commissioner of Central Excise or
Maritime Commissioner or such other officer as may be authorised by the
Board on this behalf within the time allowed for such export or are
otherwise accounted for to the satisfaction of such officer, or until the
full duty due upon any deficiency of goods, not accounted so, and interest,
if any, has been paid

3.9 Certificate ‘CT-1", as specified in Annexure-17 have to be obtained by
merchant-exporters for procuring goods from a factory or warehouse. Such
certificates need not be obtained for each consignment but will be given in
lot of 25.

The Deputy/Assistant Commissioner of Central Excise(Export) as
officers authorised by the Board for this purpose.

4.2 Exporters are required to clearly indicate on the ARE.1 the complete
postal address of the authority before whom the bond is executed and to
whom the documents are to be submitted/ transmitted for admission of
proof of export.

5.1 Wherever bond is taken, sufficient security or surety is also
required as the per the notifications issued under rule 19 of the said
Rules. In 1996, Board had taken a decision that in respect of exporters
having good track record may be allowed to furnish bond with nil
security or surety. The Board in Circular No.284/118/96 dated 31.12.1996
issued an instruction. Now, since the manufacturer-exporters, who are
also assessee of the Central Excise Department, have an option to
furnish ‘Letter of Undertaking" (without any security or surety), the
question of furnishing of ‘security or surety’ is mainly relate to
merchant-exporters who are not assessees of the Central Excise
Department. In this scenario, the Board has decided that security (Bank
Guarantee or Cash Guarantee or Cash Security) or surety need not be
insisted upon from Super Star Trading Houses, Star Trading Houses,
Trading Houses and Export Houses provided that –

the exporter has not come to adverse notice of the Central Excise or
Customs Department in last three years from the date under
consideration;

all the formalities required under Central Excise Act and rules
made thereunder are regularly complied with by the exporter, especially
regarding timely submission of proof of export and deposit of duty with
interest in time where proof of export is not received within stipulated
time frame;

A self-attested copy of the proof of Status (Super Star Trading
Houses, Star Trading Houses, Trading Houses and Export Houses) from
concerned authority (Ministry of Commerce and Industry – Directorate
General of Foreign Trade) is submitted.

5.2 Other exporters shall be required to furnish surety equal to full
bond amount or security equal to twenty five percent. (25%) of the bond
amount, along with the bond.

5.3 The bond shall be furnished on non-judicial stamp paper of the value
as applicable in the State in which bond is being furnished.

5.4 Where export is effected by merchant-exporter, the bond has to be
necessarily furnished. It is open for the manufacturer to furnish bond
on behalf of the merchant-exporter. It is clarified that in such cases,
the manufacturer will not take a stand that since he is responsible for
the duty liability, the export should be allowed on the basis of the
‘Letter of Undertaking’, which he has already furnished to the
Department. In such circumstances, the application in Form ARE.1 will be
in the name of the manufacturer who executes the Bond. All other
procedures for admission of the proof of export would be the same as in
the case of manufacturer-exporters.

5.5 It should be noted that once a manufacturer furnished bond for
exports by merchant exporters, it would be his responsibility to account
for the export goods.

5.6 It may be noticed that only General bond (B-1) has been specified.
Even where bond is required for only one consignment, the Form will
remain the same. The exporter may get the bond redeemed immediately
after he completes the exports and obtains the proof of export.

5.7 In case of B-1 general bond a running bond account in proforma of
Annexure-18 shall be maintained by the exporter because he is
responsible for debit the bond before preparation of ‘certificate’ for
obtaining goods for export. He shall also take self-credit in the manner
specified in this instruction.

5.8 For the sake of clarity it is informed that the concept of ‘Block
Transfer’ has lost its relevance in the context of self-debit and
self-credit of bond and the new system of acceptance of proof of export
[to be explained in subsequent paragraphs] by the exporter.

5.9 It is further mentioned that where the merchant exporter executes
bond, it shall be necessary that both the merchant-exporter and the
manufacturer sign the ARE.1.

6.1 A Manufacturer-exporter who has furnished a Letter of Undertaking
will prepare the export documents (A.R.E.1 and invoice under rule 11)
for clearance from his factory of production.

6.2 A Merchant-exporter who has furnished a bond shall be provided
sufficient number of certificates (CT-1), duly signed/certified, in
multiples of 25 copies, normally covering a period of one to three
months, depending upon the track record of compliance by the exporter.
The ‘bond accepting authority’ shall be responsible for verifying and
accepting the proof of export and in case of any defaults by the
exporter, to recover the sum and enforcing the bond. The certificate
should be provided according to the volume of exports projected by the
exporter (which should also reflect in the amount of bond). The
compliance of the exporter in submitting the requisite documents towards
‘proof of export’ shall be another criterion.

6.2.1 The second part of CT-1 is very important. The exporter shall
determine the description of goods for procurement from a particular
factory or warehouse or an approved place of storage, quantum, value of
procurement (provisional figures) and duty involved therein (provisional
figures – but based on correct rate of duty and contracted transaction
value). This ‘duty’ element will be debited provisionally. The exporter
shall ensure that at the time of debit, sufficient credit is available
at that point of time to cover the said debit. The provisional debit
shall be converted into final debit within a period of seven days form
the date of removal of goods on A.R.E.1, based on the ‘duty payable’ in
goods cleared for export reflected in the said A.R.E.1 and invoice.

6.2.2 The manufacturer shall record the clearance in his Daily Stock
Account indicating, inter alia, the invoice number/date, A.R.E.1
number/date and duty payable but foregone under rule 19.

6.3 The exporter has two optional procedures regarding the manner in
which he may clear the export consignments from the factory or warehouse
or any other approved premises, namely: -

Examination and sealing of goods at the place of despatch by a
Central Excise Officer

7.1 The exporter is required to prepare five copies of application in
the Form ARE-1. The Form is specified in Annexure-I to notification No.
42/2001-Central Excise (N.T.) dated 26.6.2001. The goods shall be
assessed to duty in the same manner as the goods for home consumption,
though duty is not required to be paid considering clearance is meant
for export without payment of duty. The classification and rate of duty
should be in terms of Central Excise Tariff Act, 1985 read with any
exemption notification and/or the said Rules. The value shall be the
"transaction value" and should conform to section 4 or section 4A, as
the case may be, of the Central Excise Act, 1944. It is clarified that
this value may be less than, equal to or more than the F.O.B. value
indicated by the exporter on the Shipping Bill.

7.2 The duty payable shall be determined on the ARE.1 and invoice and
recorded in the Daily Stock Account as "duty foregone on account of
export under rule 19".

7.3 The exporter may request the Superintendent or Inspector of Central
Excise having jurisdiction over the factory of production or
manufacture, warehouse or approved premises for examination and sealing
at the place of despatch 24 hours in advance, or such shorter period as
may be mutually agreed upon, about the intended time of removal so that
arrangements can be made for necessary examination and sealing.

7.4 In case of exports under Duty Exemption Entitlement Certificate
Scheme (DEEC), Duty Exemption Pass Book Scheme (DEPB) and claim for
Drawback, the Superintendent of Central Excise shall also examine and
seal the consignment and sign the documents in token of having done so.
In exceptional cases, where the exporter has unblemished track record of
compliance (Central Excise) and where there is non-availability of
Superintendent of Central Excise due to leave, vacant post or other
reasonable causes, the jurisdictional Deputy/Assistant Commissioner of
Central Excise may permit examination and sealing by Inspector. All
other types of export may be examined and sealed by the Inspector of
Central Excise.

7.5 The Superintendent or Inspector of Central Excise, as the case may
be, will verify the identity of goods mentioned in the application and
also verify whether the duty self-assessed is appropriate and that the
particulars of the duty payable has been has recorded in the Daily Stock
Account. If he finds that the declaration in ARE.1 and the invoices are
correct from the point of view of identity of goods and its assessment
to duty, he shall seal each package or the container ensuring that the
goods cannot be tampered with after the examination. Normally,
individual packages should be sealed by using wire and lead seals and an
all-sides-closed container by using numbered One time Lock/Bottle seals
or in such other manner as may be specified by the Commissioner of
Central Excise by a special or general written order. Thereafter, the
said officer shall endorse and sign each copy of the application in
token of having such examination done and put his stamp with his name
and designation below his signature;

Distribution of ARE.1 in the case of export from the factory or
warehouseOriginal (First Copy) The said Superintendent or Inspector of Central
Excise shall return to the exporter immediately after endorsements and
signature
Duplicate (Second Copy) The said Superintendent or Inspector of Central
Excise shall return to the exporter immediately after endorsements and
signature.
Triplicate (Third Copy) Sent to the bond sanctioning authority, either
by post or by handing over to the exporter in a tamper proof sealed
cover after posting the particulars in official records.
Quadruplicate (Fourth Copy) Retain for official records
Quintuplicate (Fifth Copy) Optional copy - The said Superintendent or
Inspector of Central Excise shall return to the exporter immediately
after endorsements and signature.

9.1 Where goods are not exported directly from the factory of
manufacture or warehouse, the distribution of A.R.E.1 will be same as
above except that the triplicate copy of application shall be sent by
the Superintendent having jurisdiction over the factory of manufacture
or warehouse who shall, after verification forward the triplicate copy
in the manner specified above.

10.1 Self-sealing and self-certification is a procedure by which the
exporter who is a manufacturer or owner of a warehouse, may remove the
goods for export from his factory or warehouse without examination by a
Central Excise Officer. This procedure will also be permitted in the
cases where a merchant-exporter procures the goods directly from a
factory or warehouse. In both cases, the manufacturer of the export
goods or owner of the warehouse shall take the responsibility of sealing
and certification. For this purpose the owner, the working partner, the
Managing Director or the Company Secretary, of the manufacturing unit of
the goods or the owner of warehouse or a person (who should be permanent
employee of the said manufacturer or owner of the warehouse holding
reasonably high position) duly authorised by such owner, working partner
or the Board of Directors of such Company, as the case may be, shall
certify on all the copies of the application (A.R.E. 1) that the goods
have been sealed in his presence. The exporter shall distribute of the
copies of A.R.E. 1 in the following manner:
Original (First copy) and Duplicate (Second copy) Send to the place of
export along with the goods
Triplicate (Third copy) and Quadruplicate (Fourth copy) Superintendent
or Inspector of Central Excise having jurisdiction over the factory or
warehouse within twenty four hours of removal of the goods
Quintuplicate (Fifth copy) Optional copy - Send to the place of export
along with the goods

10.2 The said Superintendent and Inspector of Central Excise shall
verify the particulars of assessment, the correctness of the amount of
duty paid or duty payable, its entry in the Daily Stock Account
maintained under rule 10 of the Central Excise (No.2) Rules, 2001 (the
manufacturer or warehouse owner will be required to present proof in
this regard), corresponding invoice issued under rule 11. If he is
satisfied with the particulars, he will endorse the relevant A.R.E. 1
and append their signatures at specified places in token of having done
the verification. In case of any discrepancy, he will take up the matter
with the assessee for rectification and also inform the jurisdictional
Assistant/Deputy Commissioner. Once verification is complete and the
A.R.E. 1 is in order, he shall distribute the documents (A.R.E. 1) in
the following manner:
Triplicate (Third copy) Send to the bond accepting authority, either by
post or by handing over to the exporter in a tamper proof sealed cover
after posting the particulars in official records. Where manufacturer
has given LUT, triplicate shall be retained and will be forwarded to the
Deputy/Assistant Commissioner of the Division along with Statement,
after matching them with original copies of A.R.E.1s.
Quadruplicate (Fourth copy) Retain for Range records (The notification
does not specify this distribution of this copy)

11.1 In case of export by parcel post after the goods intended for
export has been sealed, the exporter shall affix to the duplicate
application sufficient postage stamps to cover postal charges and shall
present the documents, together with the package or packages to which it
refers, to the postmaster at the Office of booking.

12.1 The place of export may be a port, airport, Inland Container Depot,
Customs Freight Station or Land Customs Station.

12.2 The exporter shall present together with original, duplicate and
quintuplicate (optional) copies of the application (A.R.E. 1) to the
Commissioner of Customs or other duly appointed officer – normally goods
are presented in the designated export shed.

12.3 The goods are examined by the Customs for the purposes of Central
Excise to establish the identity and quantity, i.e. the goods brought in
the Customs area for export on an A.R.E. 1 are the same which were
cleared from the factory. The Customs authorities also examine the goods
for Customs purposes such as verifying for certain export incentives
such as drawback, DEEC, DEPB or for determining exportability of the
goods.

12.4 For Central Excise purposes, the Officers of Customs at the place
of export shall examine the consignments with the particulars as cited
in the application (A.R.E. 1) and if he finds that the same are correct
and the goods are exportable in accordance with the laws for the time
being in force (for example, they are not prohibited or restricted from
being exported), shall allow export thereof. Thereafter, he will certify
on the copies of the A.R.E. 1 that the goods have been duly exported
citing the shipping bill number and date and other particulars of export
and distribute in the following manner:

The officer of customs shall return the original and quintuplicate
(optional copy for exporter) copies of application to the exporter and
forward the duplicate copy of application either by post or by handing
over to the exporter in a tamper proof sealed cover to the officer
specified in the application, from whom exporter wants to claim rebate.

Quintuplicate A.R.E. 1 is the Export Promotion Copy and the
exporter shall use this copy for the purposes of claiming any other
export incentive.

13.1 The procedure relating to acceptance of proof of export or the
‘validation’ of actual export has been simplified. The original and
duplicate copies of A.R.E. 1 are presented to the Customs authorities at
the place of export [with option for exporter to also present
quintuplicate copy]. The Customs authority certify the actual export on
these documents and distributes the copies as specified.

13.2 The exporter shall submit a Statement, at least once in a month, in
Form specified in Annexure-19 along with the Original copies of A.R.E. 1
with due certification of export (Pass for Shipment Order) by Customs
authorities at the place of export to the Divisional office (through
Range)or in the office of the bond-accepting authority. Other supporting
documents shall also be furnished, namely, Self-attested photocopy of
Bill of Lading and Self-attested photocopy of Shipping Bill (Export
Promotion Copy). The Range office or the Office of the bond-accepting
authority immediately on receipt shall acknowledge the Statement.

13.3 The exporter is permitted to take credit in his running bond
account on the basis of copy of the Statement referred to above, duly
acknowledged the Range office or the office of the bond-accepting
authority

13.4 It shall be the responsibility of the Range Office and Division
Office or the other bond-accepting authority to verify the correctness
of Statement and A.R.E.1 furnished by the exporter within the shortest
possible time. The Statement and A.R.E.1 will be tallied by the Range
Officers with the triplicate copies of A.R.E.1 already with them and the
A.R.E.1 or its summary received directly from the place of export (hard
copies or electronic summary or e-mail) within 15 days of the receipt.
The Divisional Officer shall accept the proof of export or initiate
necessary action in case of any discrepancy.

13.5 In case of other bond-accepting authority, their office will do
this work. The bond-accepting authority shall accept the proof of export
or initiate necessary action in case of any discrepancy. He will also
intimate about the acceptance of proof of export or any other action to
the Deputy/Assistant Commissioner of Central Excise from whose
jurisdiction goods were cleared for export.

13.6 In case of non-export within the six month from the date of
clearance for export (or such extended period, if any, as may be
permitted by the Deputy/Assistant Commissioner of Central Excise or the
bond-accepting authority) or discrepancy, the exporter shall himself
deposit the excise duties along with interest on his own immediately on
completion of the statutory time period or within ten days of the
Memorandum given to him by the Range/Division office or the Office of
the bond-accepting authority. Otherwise necessary action can be
initiated to recover the excise duties along with interest and
fine/penalty. Failing this, the amount shall be recovered from the
manufacturer-exporter along with interest in terms of the Letter of
Undertaking furnished by the manufacturer. In case where the exporter
has furnished bond, the said bond shall be enforced and proceedings to
recover duty and interest shall be initiated against the exporter.

13.7 In case of any loss of document, the Divisional Officer or the bond
accepting authority may get the matter verified from the Customs
authorities at the place of export or may call for collateral evidences
such as remittance certificate, Mate’s receipt etc. to satisfy himself
that the goods have actually been exported.

14.1 Under the normal export procedure, the merchant-exporters including
those manufacturer-exporters (Project-exporters who have to export
bought out goods) have to procure the excisable goods for export under
bond manufactured in different parts of the country. For this purpose,
they have to have to furnish either several bonds with the
Deputy/Assistant Commissioner of Central Excise of the supplier's area
and submit proof of exports for discharge of such bonds or furnish a
bond with the Maritime Commissioner who are located only at seven ports,
namely, Considering that there have been tremendous export potentials
from the inland areas located at considerable distance from a sea port
and that there have been considerable growth of exports from Inland
Container Depots and the Air Cargo Units located in such inland areas,
the Board had appointed an officer in each Commissionerate except those
Commissionerates in which the Maritime Commissioner is posted as
Deputy/Assistant Commissioner of Central Excise (Export) for the purpose
of facilitating export under bond by Circular No. 500/66/99-CX dated
15th December, 1999, under authority of rule 19 of the said Rules read
with notification No.42/2001-Central Excise (N.T) dated 26.6.2001.

14.2 Any merchant exporter/manufacturer-cum-merchant exporter can file
the required bond with the Deputy/Assistant Commissioner of Central
Excise(Export) under whose jurisdiction his Head Office/factory is
located (within the jurisdiction of the Commissionerates). In such case
the exporter can procure the goods from a factory located anywhere in
India.

14.3 For clarification it is mentioned that the Deputy/Assistant
Commissioner of Central Excise (Export) will not deal with the exports
where the manufacturer-exporters are permitted to export by furnishing
an Annual Undertaking (UT-1) in lieu of bond.

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